The Legal Analysis Of The Reward Contract Of Network Live Broadcast

With the rapid development of online live broadcast reward mode,it also brings a lot of legal disputes.As a new thing of the rapid development of the network,the online live broadcast reward highlights the lag of the law.In the current environment where there is no high-level,accurate qualitative and comprehensive special legal norms,how to solve the disputes brought about by the online live broadcast reward and better protect the legitimate rights and interests of all parties makes the legal analysis of the online live broadcast reward contract imminent.The key to the legal analysis of online live broadcast reward lies in the identification of its legal nature.Only by clarifying the legal nature of the contract can we further clarify the application of specific laws and correctly handle the disputes of the contract.Therefore,the core of this paper lies in the nature of the contract.The first part of this paper focuses on the legal nature of the contract.This paper makes a clear definition of the online live broadcast reward contract,and introduces and comments on the existing donation contract theory,service contract theory,non legal act theory and distinction theory.From the perspective of differentiation,this paper carefully studies the reward behavior of webcast in reality,finds out its commonness and establishes two basic types with typicality and universality,and then divides them into the agreed reward contract of webcast and the ordinary reward contract of webcast according to whether there is a clear and specific service agreement or obligation agreement,so as to determine the nature of the former as service The latter is a gift contractThe second part of this paper focuses on the analysis of the judicial practice of the nature of the webcast reward contract identified by the common problems.From the point of view of this paper,this paper combines the point of view of this paper with the practice of typical cases,and analyzes the related judgment problems of the common network live broadcast reward contract in practice and the agreed judgment problems of the network live broadcast reward contract in practice respectively in three sections.It also focuses on the judgment of the theory of non legal act,and refutes its point of view.In the first section,it is clear that the nature and identification method of the ordinary webcast reward contract,that the virtual property can become the object of the gift contract,that the establishment time of the ordinary webcast reward contract is when users reward instead of entering the live room,that the performance of the main broadcast is not the consideration of the reward behavior,and that the user’s spiritual interest is not the reward behavior The consideration of the company.In the second section,it clarifies the nature and identification method of the agreed online live broadcast reward contract,and the core of the defective performance identification method in this kind of reward contract in judicial practice.In the third section,it analyzes the judgment of holding the theory of non legal act in judicial practice,and refutes its main reasons.The third part of this paper focuses on the analysis of the judicial practice of the husband and wife to reward the common property of the husband and wife in the case of adjudication problems.This paper clarifies how to identify the couple’s common property reward in such cases,how to identify the illegal public order and good customs in the case of the couple’s common property reward,and whether the reward money should be returned and how to return.The fourth part of this paper focuses on the analysis of the judicial practice of juvenile reward cases generally faced with the problem of judgment,clear in such cases how to identify the subject of recharge reward behavior,the effect of juvenile recharge reward,the determination of the subject of return after invalid determination and how to return the judgment.